PACE下的权利
The Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice provide the legal framework governing how the police can exercise their powers. Whether you are stopped in the street, searched, arrested, or held in a police station, PACE gives you important rights and protections. Understanding these rights helps ensure the police act lawfully and that you are treated fairly.
Last updated: 2026-03-08
Your Rights
Right During Stop and Search
Under PACE s.1, police may only stop and search you if they have reasonable grounds to suspect you are carrying stolen or prohibited articles. The officer must identify themselves, state the grounds for the search, and give you a record of the search. You cannot be asked to remove more than your outer coat, jacket, and gloves in public.
Right to Know Why You Are Being Arrested
The police must tell you that you are being arrested, the offence they suspect, and why the arrest is necessary (e.g., to prevent harm, to protect a child, to allow prompt investigation). An arrest without this information is unlawful.
Right to Free Legal Advice in Custody
You have the right to consult a solicitor free of charge at any time while in police custody. This can be in person or by phone via the Defence Solicitor Call Centre. The police must inform you of this right. Delay is permitted only in very limited circumstances (serious arrestable offences, risk of harm).
Right to Have Someone Informed
You have the right to have one person (friend, relative, or other person known to you) told that you have been arrested and where you are being held. This can be delayed only in limited circumstances.
Right to Silence
You have the right not to answer police questions. However, a court may draw adverse inferences if you fail to mention when questioned something you later rely on in court (ss.34-37 CJPOA 1994). The caution explains this.
Right to an Appropriate Adult
If you are under 18 or a vulnerable adult, an appropriate adult (parent, guardian, social worker, or trained volunteer) must be present during any interview. The police must not interview you without one except in urgent cases.
Right to Medical Attention
If you are ill, injured, or appear to need medical attention in custody, the custody officer must ensure you receive appropriate clinical attention. You can request to see a healthcare professional at any time.
Right to Review of Detention
Your detention must be reviewed by an inspector after 6 hours, and then at intervals of no more than 9 hours. Continued detention beyond 24 hours requires authorisation from a superintendent (up to 36 hours) or a magistrates' warrant (up to 96 hours).
Common Myths
The police can stop and search anyone they want
The police must have reasonable grounds for suspicion. A search without proper grounds is unlawful and any evidence obtained may be excluded. Race, age, or appearance alone are never sufficient grounds.
If you refuse to answer questions, you'll automatically be found guilty
You have the right to silence. While adverse inferences can be drawn, you cannot be convicted solely because you stayed silent. A solicitor can advise you on when it is safe to answer questions.
The police can hold you as long as they want
For most offences, the maximum detention without charge is 24 hours. Even for serious offences, 96 hours is the absolute maximum (with court authorisation). For terrorism, 14 days with judicial review.
You have to go to the police station if an officer asks
If you are not under arrest, you are free to leave. If arrested, you must go — but the arrest must be lawful (reasonable suspicion and necessity). If attending voluntarily, you can leave at any time.
What To Do
Ask if you are under arrest
If approached by police, ask clearly: 'Am I under arrest?' and 'Am I free to leave?' If you are not under arrest, you have no obligation to stay or answer questions.
Request a solicitor immediately
As soon as you arrive at the police station, ask for the duty solicitor. This is free and available 24/7. Do not answer any questions until you have spoken to a solicitor.
Note officer details
Record the officer's collar number, name, and the station. If stopped and searched, you are entitled to a written record.
Complain if treated unlawfully
If you believe your rights were violated, complain to the police force's Professional Standards Department or the Independent Office for Police Conduct (IOPC).
Key Legislation
- Police and Criminal Evidence Act 1984
- PACE Codes of Practice A-H
- Criminal Justice and Public Order Act 1994 ss.34-37
- Human Rights Act 1998 Articles 5 and 6
Useful Contacts
Duty Solicitor
Free legal advice at the police station, available 24/7 via the Defence Solicitor Call Centre.
Tel: Available through the custody officer